i - --· citation and notification of penalty

U.S. Department of Labor Occupational Safety and Health Administration The Wanamaker Building I 00 Penn Square East, 12th Floor Philadelphia, PA 19107 Phone: 215-597-4955 Fax: 215-597-1956

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Citation and Notification of Penalty .!..-.----_,__--"'-_____ _ _ ...;;....__ __ ---···-- - - -·- ---- --··-

To: Alberto El Romero and its successors 630 Mifflin St Philadelphia, PA 19148

Inspection Site: I 011 S 7th Street Philadelphia, PA 19147

Inspection Number: 1093447 Inspection Date(s): 09/11/2015 - 09/11/2015 Issuance Date: 11105/2015

17t viularion(.'i) tkrt:nbetl m tlti.S Cttotio11 «JJid Nntl/icalioll of Pt~ttulty 1.~ (~) alltgt!J ro Juiye u"lf!JUI'h~tl qn or abg,111 tJw t/(:Jj.•(s) the lm>Jl.t!~io, wav made unless ulhcrwise bulltlDted ~ritbm tlJe descnptum gf\.~n ht•lot•~

This Citation and Notification of Penalty (this Citation) describes violations of the Occupational Safety and Health Act of 1970. The penalty(ies) listed herein is (are) based on these violations. You must abate the violations referred to in this Citation by the dates listed and pay the penalties proposed, unless within 15 working days (excluding weekends and Federal holidays) from your receipt ofthis Citation and Notification of Penalty you either call to schedule an informal conference (see paragraph below) or you mail a notice of contest to the U.S. Department of Labor Area Office at the address shown above. Please refer to the enclosed booklet (OSHA 3000) which outlines your rights and responsibilities and which should be read in conjunction with this form. Issuance of this Citation does not constitute a fmding that a violation oftheAct has occurred unless there is a failure to contest as provided for in the Act or, if contested, unless this Citation is affirmed by the Review Commission or a court.

Posting - The law requires that a copy of this Citation and Notification of Penalty be posted immediately in a prominent place at or near the location of the violation(s) cited herein, or, if it is not practicable because of the nature of the employer's operations, where it will be readily observable by all affected employees. This Citation must remain posted until the violation(s) cited herein has (have) been abated, or for 3 working days (excluding weekends and Federal holidays), whichever is longer.

Informal Conference- An infonnal conference is not required. However, if you wish to have such a conference you may request one with the Area Director during the 15 working day contest period. During such an informal conference you may present any evidence or views which you believe would support an adjustment to the citation(s) and/or penalty(ies).

Citation and Notification of Penalty ofl6 OSHA·2

If you are considering a request for an informal conference to discuss any issues related to this Citation and Notification of Penalty, you must take care to schedule it early enough to allow time to contest after the informal conference, should you decide to do so. Please keep in mind that a written letter of intent to contest must be submitted to the Area Director within 15 working days of your receipt of this Citation. The running of this contest period is not interrupted by an informal conference.

If you decide to request an informal conference, please complete, remove and post the Notice to Employees next to this Citation and Notification of Penalty as soon as the time, date, and place of the informal conference have been determined. Be sure to bring to the conference any and all supporting documentation of existing conditions as well as any abatement steps taken thus far. If conditions warrant, we can enter into an informal settlement agreement which amicably resolves this matter without litigation or contest.

Right to Contest- You have the right to contest this Citation and Notification of Penalty. You may contest all citation items or only individual items. You may also contest proposed penalties and/or abatement dates without contesting the underlying violations. Unless you inform the Area Director in writing that you intend to contest the citation(s) and/or oroposed penaltt<ies) within 15 working days after receipt, the citation(s) and the proposed penalty(ies) will become a final order of the Occupational Safety and Health Review Commission and may not be reviewed by any court or agency.

Penalty Payment- Penalties are due within 15 working days of receipt of this notification unless contested. (See the enclosed booklet and the additional information provided related to the Debt Collection Act of 1982.) Make your check or money order payable to "DOL-OSHA". Please indicate the Inspection Number on the remittance. You can also make your payment electronically on www.pay.gov. On the left side of the pay.gov homepage, you will see an option to Search Public Fonns. Type "OSHA, and click Go. From the results, click on OSHA Penalty Payment Form. The direct link is:

https://www.pay.gov/paygov/forms/formlnstance.html?agencyFormld=53090334.

You will be required to enter your inspection number when making the payment. Payments can be made by credit card or Automated Clearing House (ACH) using your banking information. Payments of$25,000 or more require a Transaction ID, and also must be paid usingACH. If you require a Transaction ID, please contact the OSHA Debt Collection Team at (202) 693-2170.

OSHA does not agree to any restrictions or conditions or endorsements put on any check, money order, or electronic payment for less than the full amount due, and will process the payments as if these restrictions or conditions do not exist.

Notification of Corrective Action- For each violation which you do not contest, you must provide abatement certificatwn to the Area Director of the OSHA office issuing the citation and identified above. This abatement certification is to be provided by letter within I 0 calendar days after each abatement date. Abatement certification includes the date and method of abatement. If the citation indicates that the violation was corrected during the inspection, no abatement certification is required for that item. The abatement certification letter must be posted at the location where the violation appeared and the corrective action took place or employees must otherwise be effectively informed about abatement activities. A sample abatement certification letter is enclosed with this Citation. In addition, where the citation indicates that abatement documentatwn is necessary, evidence of the purchase or repair of equipment, photographs or video, receipts, training records, etc., verifying that abatement has occurred is required to be provided to the Area Director.

Employer Discrimination Unlawful- The law prohibits discrimination by an employer against an

Citation and Notification of Penalty Page2ofl6 OSHA-2

employee for filing a complaint or for exercising any rights under this Act. An employee who believes that he/she has been discriminated against may file a complaint no later than 30 days after the discrimination occurred with the U.S. Department of Labor Area Office at the address shown above.

Employer Rights and Responsibilities -The enclosed booklet (OSHA 3000) outlines additional employer rights and responsibilities and should be read in conjunction with this notification.

Notice to Employees -The law gives an employee or his/her representative the opportunity to object to any abatement date set for a violation if he/she believes the date to be unreasonable. The contest must be mailed to the U.S. Department of Labor Area Office at the address shown above and postmarked within IS working days (excluding weekends and Federal holidays) of the receipt by the employer of this Citation and Notification of Penalty.

Inspection Activity Data -You should be aware that OSHA publishes information on its inspection and citation activity on the Internet under the provisions of the Electronic Freedom of Information Act. The infonnation related to these alleged violations will be posted when our system indicates that you have received this citation. You are encouraged to review the information concerning your establishment at www.osha.gov. If you have any dispute with the accuracy of the information displayed, please contact this office.

Citation and Notification of Penalty Page3 ofl6 OSHA-2

U.S. Department of Labor Occupational Safety and Health Administration

NOTICE TO EMPLOYEES OF INFORMAL CONFERENCE

An informal conference has been scheduled with OSHA to discuss the citation(s) issued on

11/05/2015. The conference will be held by telephone or at the OSHA office located at The

Wanamaker Building, 100 Penn Square East, 12th Floor, Philadelphia, PA 19107 on

_______ at ___ _____ . Employees and/or representatives of employees

have a right to attend an informal conference.

Citation 1111d Notification of Penalty Page4ofl6 OSHA-2

CERTIFICATION OF CORRECI'IVE ACTION WORKSHEET

Company Name: Alberto El Romero Inspection Site: 1011 S 7th Street, Philadelphi~ PA 19147 Issuance Date: 11/05/2015

Inspection Number: 1093447

List the specific method of correction for each item on this citation in this package that does not read "Corrected During Inspection" and return to: U.S. Department of Labor- Occupational Safety and Health Administration, The Wanamaker Building, 100 Penn Square East, llth Floor, Philadelphia, PA 19107

Citation Number and Item Number was corrected on -------------------------By (Method of Abatement):----------------------------

Citation Number and Item Number was corrected on-----------------------By (Method of Abatement):--------------------------

Citation Number and Item Number was corrected on-------------------By (Method of Abatement):-------------------------

Citation Number and Item Number was corrected on--------------By (Method of Abatement):--------------------------

Citation Number and Item Number was corrected on------------------By (Method of Abatement):-------------------------

Citation Number and Item Number was corrected on -----------------------By (Method of Abatement):--------------------------

I certify that the information contained in this document is accurate and that the affected employees and their representatives have been informed of the abatement.

Signature Date

Typed or Printed Name Title

NOTE: 19 USC 666(g) whoever knowingly makes any false statements, representation or certification in any application, record, plan or other documents filed or required to be maintained pursuant to the Act shall, upon conviction, be punished by a fine of not more than $10,000 or by imprisonment of not more than 6 months or both.

POSTING: A copy of completed Corrective Action Worksheet should be posted for employee review

Citation and Notification of Penalty PageS of16 OSHA-2

U.S. Department of Labor Inspection Number: 1093447 Occupational Safety and Health Administration Inspection Date(s): 09/11/2015 - 09/11/2015

Issuance Date: 11/05/2015

Citation and Notification of Penalty

Company Name: Alberto El Romero Inspection Site: 1011 S 7th Street, Philadelphia, PA 19147

Citation 1 Item 1 Type of Violation: Serious

29 CFR 1926.451(h)(1): In addition to wearing hardhats each employee on a scaffold shall be provided with additional protection from falling hand tools, debris, and other small objects through the installation of toe boards, screens, or guardrail systems, or through the erection of debris nets, catch platfonns, or canopy structures that contain or deflect the falling objects.

a) Jobsite -A system to prevent objects and materials from falling was not installed, exposing employees to struck by hazards. Employees were also not wearing hard hats while performing stucco operations. Observed on or about September 11, 2015

Abatement certification required within 10 days after abatement date. The certification shall include a statement that abatement is complete, date and method of abatement, and states employees and their representatives were informed of this abatement.

Date By Which Violation Must be Abated: Proposed Penalty:

11/16/2015 $3080.00

See pages I through 4 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities.

Citation and Notification of Penalty Page6 ofl6 OSHA-2


Issuance Date: 11105/2015



Citation 1 Item 2 Type of Violation: Serious

29 CFR 1926.452(c)(2): Frames and panels were not braced by cross, horizontal, or diagonal braces, or combination thereof, which secure vertical members together laterally.

a) Jobsite- Several sections extending to approximately forty (40) feet above ground level of the fabricated frame scaffold were missing braces which could cause a collapse, exposing the employees to fall hazards, on or about September 11, 2015.

Abatement certification and documentation required within 10 days after abatement date. The certification shall include a statement that abatement is complete, the date and method of abatement, and state that employees and their representatives were informed of this abatement. Abatement documentation shall include documents demonstrating that abatement is complete, such as evidence of the purchase or repair of equipment, photographic or video evidence of abatement or other written records.

ABATEMENT DOCUMENTATION REQUIRED FOR TIDS ITEM


11116/2015 $5390.00

See pages 1 through 4 ofdlis Citation and Notification of Penalty for information on employer and employee rights and responsibilities.

Citation and Notification of Penalty ofl6 OSHA-2


Issuance Date: 11105/201 5



Citation 2 Item 1 Type of Violation: Repeat

29 CPR 1926.451 (b )(1 ): Each platform on all working levels of scaffolds was not fully planked or decked between the front uprights and the guardrail supports as specified in paragraphs 1926.451 (b)( 1 )(i)-(ii)

a) Jobsite - Employees were performing stucco operations up to approximately forty ( 40) feet above ground level on a fabricated frame scaffold with only 2 planks between the front and rear uprights, on or about September 11, 2015.

Alberto El Romero was previously cited for a violation of this occupational safety and health standard or its equivalent standard 1926.451(b)(1), which was contained in OSHA inspection number 633298, citation number 1, item number 2, and was affirmed as a final order on 3/19/2013, with respect to a workplace located at 1412 S. 19th Street, Philadelphia, PA 19146.

Romero Construction was previously cited for a violation of this occupational safety and health standard or its equivalent standard 1926.45l(b)(l) which was contained in OSHA inspection nwnber 458274, citation nwnber 1, item number 1 and was affirmed as a fmal order on 12/13/2012, with respect to a workplace located at 1600 Camac Street, Philadelphia, PA 19148.


ABATEMENT DOCUMENTATION REQUIRED FOR THIS ITEM


11/16/2015 $10780.00

See pages 1 through 4 of this Citation and Notification of Penalty for infonnation on employer and employee rights and responsibilities.

Citation and Notification of Penalty PageS ofl6 OSHA-2

U.S. Department of Labor Inspeetion Number: 1093447 Occupational Safety and Health Administration Inspection Date(s): 09/11/2015-09/11/2015




Sec pages I through 4 of this Citation and Notification of Penalty for infonnation on employer and employee rights and responsibilities.

Citation and Notification of Penalty Pagc9of16 OSHA-2

U.S. Department of Labor Inspection Number: 1093447 Occupational Safety and Health Administration Inspection Date(s): 09111/2015 - 09/11/2015





29 CFR 1926.451(e)(l): When scaffold platforms were more than 2 feet (0.6 m) above or below a point of access, portable ladders, hook-on ladders, attachable ladders, stair towers (scaffold stairways/towers), stairway-type ladders (such as ladder stands), ramps, walkways, integral prefabricated scaffold access, or direct access from other scaffold, structure, personnel hoist, or similar surface was not used. Cross braces were used as a means of access.

a) Jobsite -Employees performing stucco operations from a fabricated frame scaffold were using the crossbraces to access the upper working areas of the fabricated frame scaffold, exposing employees to fall hazards, observed on or about September 11, 2015.

Alberto El Romero was previously cited for a violation of this occupational safety and health standard or its equivalent standard 1926.451 ( e )(1 ), which was contained in OSHA inspection number 633298, citation number 1, item number 3, and was affirmed as a final order on 3/19/2013, with respect to a workplace located at 1412 S. 19th Street, Philadelphia, PA 19146.




11116/2015 $10780.00

See pages 1 through 4 of this Citation and Notification of Penalty for infonnation on employer and employee rights and responsibilities.


U.S. Department of Labor Inspection Number: 1093447 Occupational Safety and Health Administration Inspection Date(s): 09/I 1/2015- 09/11/2015





29 CFR 1926.45l(t)(7): Scaffolds were not erected, moved, dismantled, or altered, by trained and experienced employees Wlder the supervision and direction of a competent person qualified in scaffold erection, moving, dismantling or alteration:

a) Jobsite -The fabricated frame scaffold was not erected Wtder the supervision of a competent person. Numerous deficiencies such as, but not limited to lack of fall protection, lack of adequate planking, and lack oftraining were observed on or about September 11,2015.

Romero Construction was previously cited for a violation of this occupational safety and health standard or its equivalent standard 19126. 451 (t)(7), which was contained in OSHA inspection number 458274, citation number 4, item number 4a and was affmned as a final order on 12/13/2012, with respect to a workplace located at 1600 S. Camac Street, Philadelphia, PA 19148.




11/25/2015 $10780.00

See pages 1 through 4 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities.

Citation and Notification of Penalty Page JJ ofl6 OSHA-2

U.S. Department of Labor Inspection Number: 1093447 Occupational Safety and Health Administration Inspection Date(s): 09/11/2015- 09/11/2015




The alleged violations below have been grouped because they involve similar or related hazards that may increase the potential for injury or illness.

Citation 2 Item 4 a Type ofViolation: Repeat

29 CFR 1926.45l(g)(l)(vii): Each employee on a scaffold, not otherwise specified in paragraphs (g)(l)(i) through (g)(l)(vi) of this section, more than 10 feet (3.1 m) above lower level was not protected from falls by the use of personal fall arrest systems or guardrail systems meeting the requirements of paragraph (g)(4) of this section.

a) Jobsite - Employees performing stucco operations from a fabricated frame scaffold were exposed to fall hazards, ranging from fifteen (15) to twenty (20) feet above ground level. Observed on or about September 11, 2015.

Alberto El Romero was previously cited for a violation of this occupational safety and health standard or its equivalent standard 1926.451(g)(l)(vii), which was contained in OSHA inspection number 633298, citation number 1, item number la, and was affinned as a fmal order on 3119/2013, with respect to a workplace located at 1412 S. 19th Street, Philadelphia, PA 19146.

Romero Construction was previously cited for a violation of this occupational safety and health standard or its equivalent standard 1926.45l(g)(1)(vii), which was contained in OSHA inspection number 458274, citation number 1, item number 4c, and was affirmed as a final order on 12/13/12, with respect to a workplace located at 1600 Camac Street, Philadelphia, PA 19148.

Abatement certification and documentation required within 10 days after abatement date. The certification shall include a statement that abatement is complete, the date and method of abatement, and state that employees and their representatives were infonned of this abatement. Abatement documentation shall include documents demonstrating that abatement is complete, such as evidence of the purchase or repair of equipment, photographic or video evidence of abatement or other written records.

ABATEMENT DOCUMENTATION REQUIRED FOR TillS ITEM



U.S. Department of Labor Inspection Number: 1093447 Occupational Safety and Health Administration Inspection Date(s): 09/1112015- 09/1112015





11116/2015 $10780.00

See pages I through 4 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities.



Issuance Date: 11105/2015



Citation 2 Item 4 b Type ofViolation: Repeat

29 CPR 1926.454(a): The employer did not have each employee who performed work while on a scaffold trained by a person qualified in the subject matter to recognize the hazards associated with the type of scaffold being used and to understand the procedures to control or minimize those hazards.

a) Jobsite - The employer did not develop and implement a training program for employees on the recognition, evaluation, and control of hazards associated with scaffolding operations, on or about 9/11/15.

Alberto El Romero was previously cited for a violation of this occupational safety and health standard or its equivalent standard I926.454(a), which was contained in OSHA inspection number 633298, citation number I, item number I, group b, and was affirmed as a fmal order on 3/I9/20 I3, with respect to a workplace located at I4I2 S. 19th Street, Philadelphia, PA 19I46.

Abatement certification required within I 0 days after abatement date. The certification shall include a statement that abatement is complete, date and method of abatement, and states employees and their representatives were informed of this abatement.

ABATEMENT DOCUMENTATION REQUIRED FOR TillS ITEM

Date By Which Violation Must be Abated:

Area Director


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U.S. Department of Labor Occupational Safety and Health Administration The Wanamaker Building 1 00 Penn Square East, 12th Floor Philadelphia, PA 19107 Phone: 215-597-4955 Fax: 215-597-1956

INVOICE/ DEBT COLLECTION NOTICE

Company Name: Inspection Site: Issuance Date:

Alberto El Romero 1011 S 7th Street, Philadelphia, PA 19147 11/05/2015

Summary of Penalties for Inspection Number

Citation 1, Serious

Citation 2, Repeat

TOTAL PROPOSED PENALTIES

1093447

$8470.00

$43120.00

$51590.00

To avoid additional charges, please remit payment promptly to this Area Office for the total amount of the uncontested penalties summarized above. Make your check or money order payable to: "DOL-OSHA". Please indicate OSHA's Inspection Number (indicated above) on the remittance. You can also make your payment electronically on www.pay.gov. On the left side of the pay.gov homepage, you will see an option to Search Public Forms. Type "OSHA" and click Go. From the results, click on OSHA Penalty Payment Form. The direct link is https://www.pay.gov/paygov/fonns/formlnstance.html?agencyFormld=53090334. You will be required to enter your inspection number when making the payment. Payments can be made by credit card or Automated Clearing House (ACH) using your banking information. Payments of $25,000 or more require a Transaction ID, and also must be paid usingACH. If you require a Transaction ID, please contact the OSHA Debt Collection Team at (202) 693-2170.

OSHA does not agree to any restrictions or conditions or endorsements put on any check, money order, or electronic payment for less than the full amount due, and will cash the check or money order as if these restrictions or conditions do not exist.

If a personal check is issued, it will be converted into an electronic fund transfer (EFT). This means that our bank will copy your check and use the account information on it to electronically debit your account for the amount of the check. The debit from your account will then usually occur within 24 hours and will be shown on your regular account statement. You will not receive your original check back. The bank will destroy your original check, but will keep a copy of it. If the EFT cannot be completed because of insufficient funds or closed

Citation and Notification of Penalty of16 OSHA-2

account, the bank will attempt to make the transfer up to 2 times.

Pursuant to the Debt Collection Act of 1982 (Public Law 97-3 65) and regulations of the U.S. Department of Labor (29 CFR Part 20), the Occupational Safety and Health Administration is required to assess interest, delinquent charges, and administrative costs for the collection of delinquent penalty debts for violations of the Occupational Safety and Health Act.

Interest: Interest charges will be assessed at an annual rate determined by the Secretary of the Treasury on all penalty debt amounts not paid within one month {3 0 calendar days) of the date on which the debt amount becomes due and payable (penalty due date). The current interest rate is one percent ( 1% ). Interest will accrue from the date on which the penalty amounts (as proposed or adjusted) become a fmal order of the Occupational Safety and Health Review Commission {that is, 15 working days from your receipt of the Citation and Notification of Penalty), unless you file a notice of contest. Interest charges will be waived if the full amount owed is paid within 30 calendar days of the fmal order.

Delinquent Charges: A debt is considered delinquent if it has not been paid within one month (30 calendar days) of the penalty due date or if a satisfactory payment arrangement has not been made. If the debt remains delinquent for more than 90 calendar days, a delinquent charge of six percent (6%) per annum will be assessed accruing from the date that the debt became delinquent.

Administrative Costs: Agencies of the Department of Labor are required to assess additional charges for the recovery of delinquent debts. These additional charges are administrative costs incurred by the Agency in its attempt to collect an un · d ¥t. Administrative costs will be assessed for demand letters sent in an attempt to collect e unpaid debt.

:..r- /VoJe~ ),cfo;.1 Date

Citation and Notification of Penalty of 16 OSHA-2

i - --· citation and notification of penalty

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